Application of Bayer
United States Court of Customs and Patent Appeals
568 F.2d 1357, 196 U.S.P.Q. 670 (1978)
- Written by Eric Miller, JD
Facts
John Bayer authored a thesis involving a chemical compound during his time as a graduate student. The thesis was housed in the university library but not cataloged or shelved. A later patent application by Bayer was denied by the United States Patent and Trademark Office (PTO) examiner on the ground that its contents had been disclosed by the earlier thesis. The PTO board of appeals affirmed. Bayer appealed to the United States Court of Customs and Patent Appeals, arguing that the thesis did not constitute a printed publication and thus did not defeat the patent application.
Rule of Law
Issue
Holding and Reasoning (Baldwin, J.)
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